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[quote user="henry6"] [quote user="Bucyrus"] [quote user="henry6"] Law enforcement official on private property?  Doubt it for several reasons. First, it would be tresspassing and also not of thier juristiction.  Secondly, liability...to and from the railroad and to and from the enforcment agency's authority.  Third, there probably was a lot more that the law enforcement agency had on its hands.  [/quote] I can’t imagine that any of these points would or should prevent the police from taking action in an emergency.  Suppose the police were there at the crossing concluding that the washout was serious enough to threaten a train, and a train suddenly appeared on the horizon.  What should they do in that case?    If it were me in that case, and if I had a fusee in my car, there is no question about what I would do if I saw a train approaching from a significant distance.  And I would not worry about trespassing.  [/quote] I am basing my statement on a conversation I had with a police department that would not take action when a crossing gate was down and there was no train.  His reason was that should something happen to the public because of the police action the police and the municipality would be at risk.  Therefore no action was less r4isky than some safety action (like stopping people from going around the gates!) [/quote] I can understand an officer not wanting to flag people around falsely lowered gates.  I don’t know if it would create a liability risk, but he might think it would.  However, refusing to flag people around the falsely lowered gates would not constitute a safety hazard.    But, in your last sentence, are you saying that he refused to do anything to prevent people from driving around the falsely lowered gates?  That would be very wrong on his part.  If he were there witnessing people driving around the falsely lowered gates, and no police officer is flagging them to do so, then he should stop those people and ticket them.  That would be his job.
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